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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 27, 2011, the Plaintiff drafted an agreement and a letter of commitment (Evidence A2) with C and D to the following purport.
Under the above Convention, “A” stipulates “A” as the representative director of the Defendant Company, (1) Saju C, (2) Saju H’s agent (3)D, and the name of the Defendant Company is indicated in Section A, but the name of the representative director is not indicated in Section A.
(1) A, upon entering into this agreement and appointing a new representative director, shall resign E at the same time.
(2) The security offered by Eul to Gap is to issue a guarantee of KRW 2 billion in advance and KRW 50 million in total, by providing real estate as security to Seoul Guarantee Insurance.
(3) A shall separately pay 10 million won as appraisal fees, etc. to B.
B. On July 4, 2011, the Plaintiff drafted the “Agreement on the Resignation of Representative Director (No. 4)” with E to the following purport:
The above agreement has the name of the Plaintiff and E and the signature of the signature (the two personal names) of the Plaintiff and E in the observer, and there are the names of D, C, and F and the signature of C and F in the observer column.
(1) The representative E of the Defendant Company shall resign from the office of representative director on July 4, 201.
(2) Defendant Company shall pay a total of KRW 100,000,000 in cash to E personal account on the date of retirement ( July 4, 2011) and pay KRW 40,000 in cash in installments from July 30, 201 to E’s account on the 30th day of July 30, 201.
C. Around July 2011, a certificate of borrowing (Evidence A 1) was drawn up to the effect that the Plaintiff, the debtor, the Defendant, the guarantor, and C and D were as follows.
The name of the defendant company is stated on the lender of the above loan certificate, but the name of the representative director is not stated.
I, together with the surety, promise to borrow 60 million won and to perform without framework the following:
(1) It was concluded between the Plaintiff and the Defendant on June 27, 2011.